The short answer is "it depends." If he is using the mark in a similar manner to your registered use then you can likely enforce your rights in the mark against him. You should consult with a trademark attorney to assist you with evaluating your legal rights. An attorney can send a cease...Read more »
A trademark attorney can help break this down for you. Most of them over charge their clients and don’t really give a s*** about your business beyond the trademark filing. Call me if you want a fair price on your trademark and someone who wants to plug in as a legit partner in your company’s growth.
The USPTO may issue a refusal for registration for trademarks which are confusingly similar to other registered trademarks for the same/related goods/services. When marks sound alike when spoken, are visually similar, etc., the marks may be considered confusingly similar. Using a mark that is...Read more »
Each trademark application with the USPTO is a separate application with its own fee(s). A logo trademark is filed separately from a word/phrase trademark, for example. However, an applicant may select multiple class/categories of use on a trademark application, but if the applicant later wishes...Read more »
You still run the risk of copyright infringement from the Harry Potter rights holders; for it is well-established that characters are subject to copyright protection. This is a gray area, however, because "muggle" is essentially a race within the HP world, and the HP rights holders would...Read more »
An abandoned trademark application may simply mean that the applicant failed to file a required response to an office action, etc. This does not mean that such applicant has stopped actually using the trademark in commerce for their goods or services. Applications may also be revived under certain...Read more »
Generally speaking, the same name (trademark) can be used in different categories as long as there is no "likelihood of consumer confusion." For example, there is the Lexus car, and the Lexis legal research software (which I use). This is not legal advice. Consumer confusion is many...Read more »
A petition to revive an abandoned registration might be an option, but there are time limits involved. A revival petition must be filed no later than 2 mos. after the expiration notice (so that seems to have been September based on your July date). But if the registrant didn't receive the...Read more »
They say I have to drop the name Diamond from my name because I am operating under their business name and they don't want any confusion because we both sell cosmetics, lip gloss, false eyelashes etc. I think it's bogus because "diamond" and "cosmetics" are common... Read more »
Trademark infringement is similarity in sight or sound for similar goods or services. If the other company has a registered trademark for DIAMOND COSMETICS in connection with makeup, cosmetics, etc., then they are most likely entitled to exclusive, nationwide use of the mark, and your use of the...Read more »
My trademark has all generic words I have a disclaimer for all the generic words on my trademark. however I have noticed a website using my trademark words on their website and company name as well as their domain have a couple words from my trademark. Can I stop them from using those generic words... Read more »
It depends on how the words are being used. Usually the disclaimer means that you do not have rights to that word outside of its use as part of your mark. Therefore, their use of the words depends on the similarity in the marks as a whole. With regard to stopping them, you may be able to send a...Read more »
You need to visit with a lawyer who specializes in intellectual property. I don't know where you are in the state, but if you call The Florida Bar in Tallahassee they can point you in the correct direction.
A trademark disclaimer indicates that a registrant does not claim an exclusive right to specific elements of the mark. For instance, while the mark is registrable as a whole, it may contain descriptive elements that would not be registrable by itself; and the registrant cannot prevent other...Read more »
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